In a heated exchange ahead of jury selection, prosecutors are urging a Manhattan judge to prevent trial witnesses from labeling Daniel Penny a “hero” or “good Samaritan.”

This request comes amid ongoing preparations for the trial, which has captivated public attention.

Assistant District Attorney Dafna Yoran expressed her concerns in an email, referencing an interview conducted by Penny’s defense team on FOX5, where they lauded their client’s actions during a subway incident that led to legal scrutiny. Yoran emphasized that allowing such subjective terms could influence the jury’s perception of the case.

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“Danny doesn’t have to be a hero,” defense attorney Thomas Kenniff defended in the interview. “But he’s someone who did the right thing. He’s someone who stood up for his fellow man, for his fellow New Yorkers.”

Yoran countered by asserting that the characterization of Penny as a “hero” could imply that his actions were justified, which, she argued, should be determined solely by the jury. “A witness’s characterization of the defendant [as] a hero, for example, is the equivalent of a determination that the [defendant] was justified,” she wrote, underlining the importance of maintaining impartiality in witness testimony.

Kenniff, however, pushed back against Yoran’s assertions, noting that the witnesses present during the incident had already used those terms just minutes after it occurred. He argued that their firsthand accounts are crucial for the court to understand the dynamics of the situation. “It describes what they perceived, Neely acting as the aggressor, and Mr. Penny acting to defend and protect,” he stated, reinforcing the defense’s position that the witnesses’ perspectives are vital to the case.